HomeMy WebLinkAbout08 - EPN2002-0034 for Private Improvements - 3631 Ocean BoulevardApril 23, 2002
CITY COUNCIL AGENDA
ITEM NO. s
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE OCEAN
BOULEVARD PUBLIC RIGHT -OF -WAY ADJACENT TO 3631 OCEAN
BOULEVARD, CORONA DEL MAR (N2002 -0034)
OWNER: DOUGLAS W. JACKSON
RECOMMENDATIONS:
Approve the application subject to:
1. Execution of an Encroachment Agreement for non - standard improvements.
a. Authorize the Mayor and City Clerk to execute the Agreement.
b. Authorize and direct the City Clerk to have the Agreement recorded with the
Orange County Recorder.
2. An Encroachment Permit issued by the Public Works Department.
3. A Building Permit issued by the Building Department.
DISCUSSION:
Fong, Hart, Schneider & Partners is the architectural firm representing the owner of the
property located at 3631 Ocean Boulevard in Corona del Mar. They have requested
permission to reconstruct and enlarge the existing front entry/patio. The proposed
improvements are as follows:
• Grouted limestone tiles over a concrete base patio
• Lighted concrete steps with sandblast finish
• Three terraced concrete planter areas
• Additional planter areas with stainless steel railings and lights
• A sawcut pattern concrete driveway with sandblast finish and cantilevered
planters with lights
The proposed improvements will encroach between 51'/2 feet to 571/2 feet from the
existing curb face within the Ocean Boulevard right -of -way (see attached letter and
SUBJECT., Encroachment Agreement for Construction and Maintenance of Private Improvements within the Ocean Boulevard
Public Right -of -Way Adjacent to 3631 Ocean Boulevard, Corona del Mar (N2002 -0034)
April 23, 2002
Page 2
photos). The house is designed with the main and garage entrances off Ocean
Boulevard.
The proposed encroachments within the Ocean Boulevard right -of -way will be below
curb level and will not obstruct the view of adjacent residents and/or properties on the
other side of Ocean Boulevard. The proposed landscaping will be approved with a
conditioned height restriction to the views of other residents and pedestrians along the
street and sidewalk of Ocean Boulevard.
The proposed encroachments within the Ocean Boulevard right -of -way are similar in
nature to other existing encroachments along the ocean side of Ocean Boulevard. On
August 23 and September 13, 1999, City Council approved similar requests for the
adjacent neighbors at 3619, 3601, and 3611 Ocean Boulevard.
Council Policy L -6, "Private Encroachments in the Public Right -of- Way," requires the
prior approval of City Council for private structural improvements such as planters,
walls, stairs, etc., in public easements or rights -of -way. An Encroachment Agreement
would allow construction of the driveway, wall, patio, planter, low- voltage lighting, and
landscape improvements in the right -of -way as approved by the Public Works
Department and require the property owner to maintain the proposed and existing
encroachments. Proposed landscaping would be maintained by the owner and
approved by the General Services Department with a maximum height restriction. The
Encroachment Agreement (see attached) would include a "hold harmless" clause
indemnifying the City of Newport Beach against any liability of any manner connected
with the proposed and existing encroachments in the Ocean Boulevard right -of -way.
Respectfully,-§u bmitted,
lam' /���-
\� PUBL C WORKS DEPARTMENT
Stephen G. Badum, Director
By: eafk�
Patrick Arciniega
Project Engineer
Attachments: Letter dated February 28, 2002
Photos
Encroachment Agreement
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2002 -034)
THIS AGREEMENT is made and entered into this day of
, 2002, by and between Douglas W. Jackson (hereinafter "OWNER "), and
the City of Newport Beach, California, a municipal corporation organized and existing under
and by virtue of its Charter and the Constitution and the laws of the State of California,
(hereinafter "CITY "). OWNER is the owner of property located at 3631 Ocean Blvd., Newport
Beach, California 92625 and legally described as a portion of Block "A ", Corona del Mar Tract,
as shown on a map recorded in Book 3, Pages 41 -42, inclusively of Miscellaneous Maps in the
office of the County Recorder of Orange County, California.
WITNESSETH:
WHEREAS, OWNER desires to construct certain non - standard improvements
(hereinafter "PERMITTED IMPROVEMENTS ") within the Ocean Blvd. right -of -way (hereinafter
"RIGHT -OF- WAY ") that is located adjacent to, Block "A", Corona del Mar Tract, as shown on a
map recorded in Book 3, Page 41 -42, inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 3631 Ocean Blvd., Newport
Beach, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and
improvements within RIGHT -OF -WAY; and
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WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to reconstruct and maintain said
PERMITTED IMPROVEMENTS.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined
as, 24" X 24" limestone paver patio, with concrete sandblast finished terraced planters and
retaining wall, sawcut - pattern concrete driveway, low- voltage lighting, landscaping and
appurtenances in the Ocean Blvd. right -of -way as shown on EXHIBIT "A" attached hereto and
as approved by the Public Works Department. In addition, the proposed PERMITTED
IMPROVEMENTS may vary at the time of construction. Hence, any changes must be
approved by the Public Works Department and shall be shown on the "As Built" plans.
2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate,
repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto,
within a portion of RIGHT -OF -WAY, all in substantial conformance with plans and
specifications on file in the CITY. CITY will further allow OWNER to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
2. Rights granted under this Agreement may be terminated by CITY at any time by
giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no
liability whatsoever in the event of the termination of this Agreement, or subsequent removal of
improvements by CITY.
4. OWNER and CITY further agree as follows:
a. OWNER may construct and install PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with plans and specifications
therefore on file in the CITY's Public Works Department, and as described on Exhibit "A"
hereto attached.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and pay all costs and expenses incurred in
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doing so. However, nothing herein shall be construed to require OWNER to maintain, replace
or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED
IMPROVEMENTS, except as otherwise provided herein.
C. If City or other public facilities or improvements are damaged by the
installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for
the cost of repairs.
d. That should CITY be required to enter onto said RIGHT -OF -WAY to
exercise its primary rights associated with said RIGHT -OF -WAY, including but not limited to,
the maintenance, removal, repair, renewal, replacement or enlargement of existing or future
public facilities or improvements, CITY may remove all or portions of the PERMITTED
IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify OWNER of its intention to accomplish such work,
if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal,
replacement, or restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY.
(iii) CITY agrees to bear only the cost of any removal of the
PERMITTED IMPROVEMENTS affected by such work by CITY.
(iv) OWNER agrees to pay all costs for renewal, replacement, or
restoration of the PERMITTED IMPROVEMENTS.
5. In the event either party breaches any material provision of this Agreement, the
other party at its option may, in addition to the other legal remedies available to it, terminate
this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the
RIGHT -OF -WAY and remove all or part of the improvements installed by OWNER.
Termination because of breach shall be upon a minimum of ten (10) days' notice, with the
notice specifying the date of termination. In the event of litigation, commenced with respect to
any term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall defend, indemnify and hold harmless CITY, its City Council,
boards and commissions, officers and employees from and against any and all loss, damage,
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liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees
(when outside attorneys are so utilized), regardless of the merit or outcome of any such claim
or suit arising from or in any manner connected with the design, construction, maintenance, or
continued existence of the PERMITTED IMPROVEMENTS.
7. OWNER agrees that this Agreement shall remain in full force and effect from
execution thereof; shall run with the land; shall be binding upon the heirs, successors, and
assigns of OWNERS' interest in the land, whether fee or otherwise, and shall be recorded in
the Office of the County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
92
OWNER:
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City Manager
Douglas W. Jackson
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On , 2002, before me,
personally appeared , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they
has executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
On , 2002, before me,
personally appeared , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they
has executed the same in his /her/their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
F: \USERS \PBW\Shared\ENCROACH \ROW Agreements\2002\2002 -034 Ocean Blvd.doc
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I L NICO2 - 0034
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1
Lohrbach
February 28, 2002
Public Works Department
City of Newport Beach
Re: Enchroachment Permit
Jackson Residence
3631 Ocean Blvd.
RE 10E VED
MAR 0 8 2002
Public
PAZaol —O(e2
Iy2o02- 003
In order to assist you with your analysis of our proposal for construction in the right -of-
way of Ocean Blvd., we would like to point out that virtually every property along this
stretch of the street has significant development in the right -of -way. These
improvements consist of driveways, substantial steps and patio /entry areas. They
primarily the result of the requirement of having the top of the house not exceed the top
of curb height, which forces the construction of steep driveways and elaborate steps. It
also requires significant excavation in order to have any yard/patio /entry space in the
front of the house. The City has allowed this because of the significant trade -off of
preserving views for the properties on the inland side of Ocean Blvd. We are simply
asking to continue this practice that benefits the community by preserving both public
and private views.
We have enclosed pictures of the development in the right -of -way for the use of the
adjacent homes. It is difficult to capture the scale of the construction because they are
downhill from the street, which diminishes the visual scale of their hardscape and will
also diminish the scale of our proposal when completed.
If we can be of any assistance to help clarify anything regarding the plans, please don't
hesitate to call me at 949 - 291 -6579.
Sincerely,
William Peters
31681 Camino Capistrano
Suite 106
San Juan Capistrano, CA 92675
Tel: 949.661.5068
Fax: 949.240.3851
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